TITLE 16, CODE OF FEDERAL REGULATIONS

U.S. CONSUMER PRODUCT SAFETY COMMISSION

4330 EAST WEST HIGHWAY BETHESDA. MARYLAND 20814?4408

Office of the Secretary a Freedom of Information Division of Information Management Office of Information & Technology Services

Tel: 301-504-7923? Fax: 301-504-{)127 Email: cpsc-os@ or amills@

or tstevenson@

CONSUMER PRODUCT SAFETY ACT

SECTION 6 (15 U.S.C. ? 2055)

SECTION 25(c) (15 U.S.C. ? 2074)

TITLE 16, CODE OF FEDERAL REGULATIONS

PART 1015 - PROCEDURES FOR DISCLOSURES OR PRODUCTION OF

INFORMATION UNDER THE FREEDOM OF INFORMATION ACT (5 U.S.C. ? 552)

PART 1101 - INFORMATION DISCLOSURE UNDER SECTION 6(b) OF THE

CONSUMER PRODUCT SAFETY ACT

* CPSC Hotline: 1-800-638-CPSC(2772) CPSC's Web Site: hllp:/I

October 14, 2008 Version

CONSUMER PRODUCT SAFETY ACT (Codified at 15 U.S.C. ?? 2051-2089)

(Public Law 92-573; 86 Stat. 1207, Oct. 27, 1972)

(This Act incorporates amendments made, or relevant provIsions enacted, by the Consumer Product Safety Commission Improvements Act of 1976, Public Law 94-284, 90 Stat. 503, May 11, 1976; the Emergency Interim Consumer Product Safety Standard Act of 1978, Public Law 95-319, 92 Stat. 386, July 11, 1978; the Consumer Product Safety Act Authorization Act of 1978, Public Law 95-631, 92 Stat. 3742, November 10, 1978; Public Law 96-373, 94 Stat. 1366, October 3, 1980; the Consumer Product Safety Amendments of 1981, Public Law 97-35, title 12, subtitle A, 95 Stat. 703, August 13, 1981; the Orphan Drug Act, Public Law 97-414,96 Stat. 2049, January 4, 1983; the Lead Contamination Control act of 1988, Public Law 100-572, 102 Stat. 2884, October 31, 1988; the Anti-Drug Abuse Act of 1988, Public Law 100-690, 102 Stat. 4181, November 18, 1988; the Consumer Product Safety Improvement Act of 1990, Public Law 101-608, 104 Stat. 3110, November 16, 1990; the Child Safety Protection Act, Public Law 103 267, 108 Stat. 722, June 16, 1994; Public Law 103-437, 108 Stat. 4581, November 2, 1994; and the Consumer Product Safety Improvement Act of 2008, Public Law 110-314,122 Stat. 3016 (August 14,2008).) This unofficial compilation was prepared by CPSC staff for the convenience of the reader. It is not authoritative. If you find a typo or other need for update, please e-mail cpsc-os@.

CONSUMER PRODUCT SAFETY ACT

{Note: 35 U.S.C. ?? 200-211 and 37 CFR Part 401 specifically supersede section 5(d) of the Consumer Product Safety Act with respect to small business firms and nonprofit organizations which retain, in most cases, exclusive commercial rights to inventions made with Commission support.}

EMPLOYEE TRAINING EXCHANGES

[Sec. 208 of the Consumer Product Safety Improvement Act of 2008, Public Law

110-314, 122 Stat. 3016 (August 14,2008)]

{Not part of the Consumer Product Safety Act}

(a) IN GENERAL.--The Commission may--_ (1) retain or employ officers or employees of foreign government

agencies on a temporary basis pursuant to section 4 of the Consumer Product Safety Act (15 U.S.C. 2053) or section 3101 or 3109 of title 5, United States Code; and

(2) detail officers or employees of the Commission to work on a temporary basis for appropriate foreign government agencies for the purpose of providing or receiving training. (b) RECIPROCITY AND REIMBURSEMENT.--The Commission may execute the authority contained in subsection (a) with or without reimbursement in money or in kind, and with or without reciprocal arrangements by or on behalf of the foreign government agency involved. Any amounts received as reimbursement for expenses incurred by the Commission under this section shall be credited to the appropriations account from which such expenses were paid. (c) STANDARDS OF CONDUCT.--An individual retained or employed under subsection (a)(1) shall be considered to be a Federal employee while so retained or employed, only for purposes of--_

(1) injury compensation as provided in chapter 81 of title 5, United States Code, and tort claims liability under chapter 171 of title 28, United States Code;

(2) the Ethics in Government Act (5 U.S.C. App.) and the provisions of chapter 11 of title 18, United States Code; and

(3) any other statute or regulation governing the conduct of Federal employees.

PUBLIC DISCLOSURE OF INFORMATION

SEC. 6. [15 U.S.C. ? 2055]

(a) (1) Nothing contained in this Act shall be construed to require 13

Unofficial compilation for convenience only.

CONSUMER PRODUCT SAFETY ACT

the release of any information described by subsection (b) of section 552 of title 5, United States Code, or which is otherwise protected by law from disclosure to the public.

(2) All information reported to or otherwise obtained by the Commission or its representative under this Act which information contains or relates to a trade secret or other matter referred to in section 1905 of title 18, United States Code, or subject to section 552(b)(4) of title 5, United States Code, shall be considered confidential and shall not be disclosed.

(3) The Commission shall, prior to the disclosure of any information which will permit the public to ascertain readily the identity of a manufacturer or private labeler of a consumer product, offer such manufacturer or private labeler an opportunity to mark such information as confidential and therefore barred from disclosure under paragraph (2). A manufacturer or private labeler shall submit any such mark within 15 calendar days after the date on which it receives the Commission's offer.

(4) All information that a manufacturer or private labeler has marked to be confidential and barred from disclosure under paragraph (2), either at the time of submission or pursuant to paragraph (3), shall not be disclosed, except in accordance with the procedures established in paragraphs (5) and (6).

(5) If the Commission determines that a document marked as confidential by a manufacturer or private labeler to be barred from disclosure under paragraph (2) may be disclosed because it is not confidential information as provided in paragraph (2), the Commission shall notify such person in writing that the Commission intends to disclose such document at a date not less than 10 days after the date of receipt of notification.

(6) Any person receiving such notification may, if he believes such disclosure is barred by paragraph (2), before the date set for release of the document, bring an action in the district court of the United States in the district in which the complainant resides, or has his principal place of business, or in which the documents are located, or in the United States District Court for the District of Columbia to restrain disclosure of the document. Any person receiving such notification may file with the appropriate district court or court of appeals of the United States, as appropriate, an application for a stay of disclosure. The documents shall not be disclosed until the court has ruled on the application for a stay.

(7) Nothing in this Act shall authorize the withholding of information by the Commission or any officer or employee under its control from the duly authorized committees or subcommittees of the Congress, and the provisions of paragraphs (2) through (6) shall not apply to such disclosures, except that the Commission shall immediately notify the manufacturer or private labeler of any such request for information designated as confidential by the manufacturer or private labeler.

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CONSUMER PRODUCT SAFETY ACT

(8) The provisions of paragraphs (2) through (6) shall not prohibit the disclosure of information to other officers, employees, or representatives of the Commission (including contractors) concerned with carrying out this Act or when relevant in any administrative proceeding under this Act or in judicial proceedings to which the Commission is a party. Any disclosure of relevant information

(A) in Commission administrative proceedings or in jUdicial proceedings to which the Commission is a party, or

(8) to representatives of the Commission (including co ntractors),

shall be governed by the rules of the Commission (including in camera review rules for confidential material) for such proceedings or for disclosures to such representatives or by court rules or orders, except that the rules of the Commission shall not be amended in a manner inconsistent with the purpose of this section.

(b)(1) Except as provided by paragraph (4) of this subsection, not less than 15 days prior to its public disclosure of any information obtained under this Act, or to be disclosed to the public in connection therewith (unless the Commission publishes a finding that the public health and safety requires a lesser period of notice), the Commission shall, to the extent practicable, notify and provide a summary of the information to, each manufacturer or private labeler of any consumer product to which such information pertains, if the manner in which such consumer product is to be designated or described in such information will permit the public to ascertain readily the identity of such manufacturer or private labeler, and shall provide such manufacturer or private labeler with a reasonable opportunity to submit comments to the Commission in regard to such information. The Commission shall take reasonable steps to assure, prior to its public disclosure thereof, that information from which the identity of such manufacturer or private labeler may be readily ascertained is accurate, and that such disclosure is fair in the circumstances and reasonably related to effectuating the purposes of this Act. In disclosing any information under this subsection, the Commission may, and upon the request of the manufacturer or private labeler shall, include with the disclosure any comments or other information or a summary thereof submitted by such manufacturer or private labeler to the extent permitted by and subject to the requirements of this section.

(2) If the Commission determines that a document claimed to be inaccurate by a manufacturer or private labeler under paragraph (1) should be disclosed because the Commission believes its has complied with paragraph (1), the Commission shall notify the manufacturer or private labeler that the Commission intends to disclose' such document at a date not less than 5 days after the date of the receipt of notification. The Commission may provide a lesser period of notice of intent to disclose if the Commission publishes a finding that the public health and safety requires a lesser period of notice.

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